Terms of Use

Revision date: July 22, 2025

Activate Learning (“the Company” or “We”) operates this website and related sites, portals, and online products and services (collectively, “the Site”) to provide services that include instructional content, services, support functionality and applications.

YOUR USE OF THE SITE IS SUBJECT TO THESE TERMS OF USE (“TERMS" OR “AGREEMENT"). BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE UNDER THE AGE OF 18, REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE OR USE ANY SERVICE OR SOFTWARE TO ACCESS OR USE THIS SITE.

IF YOU ARE AN EMPLOYEE OR OTHER REPRESENTATIVE OF A SCHOOL OR OTHER ORGANIZATION WHO IS ACCESSING OR USING THE SITE ON BEHALF OF SUCH ORGANIZATION, THEN YOU ARE AGREEING TO THE TERMS ON BEHALF OF YOURSELF AND SUCH ORGANIZATION.

WE MAY MODIFY THESE TERMS AT ANY TIME AT OUR DISCRETION AND WE MAY PROVIDE SUCH MODIFICATIONS TO YOU BY ANY REASONABLE MEANS, INCLUDING, BUT NOT LIMITED TO, BY POSTING THE REVISED VERSION OF THIS AGREEMENT ON THE SITE. YOUR CONTINUED USE OF THE SITE AFTER A REVISION TO THIS AGREEMENT SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

PASSWORDS AND REGISTRATION

Portions of the Site are secure and may require you to register to participate in those areas. User accounts issued for the Site are for individual use only and you are solely responsible for maintaining the confidentiality of your username and password. You agree to provide accurate and complete information about yourself when registering or otherwise providing information regarding your account and to update your account data to keep it accurate and complete and to log out when you conclude each session. You agree that we may store and use the information you provide for maintaining your account. You also agree not to misrepresent your identity or affiliation with any person or entity, including (but not limited to) using another person's username, password or other account information. Violations of our security systems may result in civil or criminal liability. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security of which you are aware. We will make every effort to ensure your online security, but we are not liable for any loss or damage arising from your failure to comply with these provisions.

LICENSE AND USE

You and the Company, in connection with your use of the Site, agree to the provisions of this Agreement, and all applicable laws, rules, and regulations relating to the Company’s Site.  Company grants you a revocable, limited, non-exclusive, non-sublicensable, non- transferable license to use the Site as set forth in the applicable order during the Term, subject to the terms herein and to your continuing compliance with this Agreement, including payment of applicable fees.

CONFIDENTIALITY

You and Company agree that all confidential and proprietary information of the other party, including (1) information which the other party, because of legends or other markings, the circumstances of disclosure, or the nature of the information itself, should know is confidential or proprietary information and (2) Content and information pertaining to the use of Company’s Site (collectively, “Confidential Information”) is confidential to the providing party. Each party agrees to keep this information confidential and shall not use the other party's Confidential Information, except as permitted under this Agreement or as required by law. Each party shall disclose such information within its organization only to those of its employees or representatives with a reason to know and who are engaged in the performance of this Agreement and only to the extent necessary to perform or receive services thereunder. Each party agrees to take industry-standard steps to maintain and protect the confidentiality of the other party's Confidential Information hereunder.

The Company shall use no less than industry standard cybersecurity practices for securing your Confidential Information, including appropriate administrative, physical, and technical safeguards, which are designed so that Confidential Information is not lost, stolen, or otherwise disclosed, accessed, used, or modified without your authorization. Each year, the Company will engage a third-party auditor to conduct a SOC-2 Type 2 audit with respect to Company’s internal controls. Upon your request on an annual basis, the Company will provide summary audit report(s) with respect to such audits to you (i.e., in the same standard format as provided by Company to its other customers), which reports shall be deemed Company Confidential Information and must be kept within your organization.

You agree not to disclose, share, publish, or otherwise make available any information regarding the features, functionality, performance, or results of the Site, including screenshots, documentation, or derived solutions, without the Company’s prior written consent. This includes but is not limited to any proprietary methods, workflows, algorithms, or outputs generated through your use of the Site.

Each party will promptly notify the other party upon discovery of any unauthorized use or disclosure of the other party's Confidential Information and will cooperate with the other party to regain possession of such Confidential Information and prevent its further unauthorized use or disclosure. Each party shall be responsible so that each of its employees or representatives holds in confidence and makes no use of the other party's Confidential Information, except in the furtherance of their responsibilities under this Agreement or as otherwise required by law and will be responsible for breaches of this provision by its employees or representatives.

You acknowledge and agree that the Company may collect, use, and disclose data derived from your use of the Site in a de-identified and/or aggregated form that does not identify you or any individual. Such de-identified and aggregated data shall not be considered personal information and may be used by Company for any lawful purpose, including but not limited to product development, research, analytics, and benchmarking.

PRIVACY

By accessing or using the Site or using any services or software that access or use the Site, you consent to the terms of our Privacy Policy. The Privacy Policy found at Privacy Policy - Activate Learning may be changed from time to time and are incorporated into these Terms by reference.

USE OF ARTIFICIAL INTELLIGENCE (AI)

For certain services, such as assessments, teachers have the option to use AI-assisted scoring and feedback for a student’s constructed response. These AI-assisted scoring and feedback systems are designed to provide consistent and timely feedback based on predefined scoring criteria.

To protect student privacy, the Company does not share any personally identifiable information (“PII”) with the AI systems used for assessments. Assessment responses submitted for AI-assisted evaluation are anonymized, meaning they are stripped of names, email addresses, user IDs, and any other direct identifiers before processing.

Designed to save teachers time and support student learning, AI-assisted scoring and feedback provides detailed responses to the student’s written work that teachers can review and edit before finalizing the grade and sending to the student.  No scores or feedback will be seen by a student until accepted by a teacher.

By using our platform and submitting assessments, you acknowledge and consent to the use of AI for grading purposes under the terms described above.

USE OF CONTENT

The Site contains information, text, files, images, video, computer code, works of authorship, applications, and other materials and content of Company or its licensors (collectively, the “Content”). The Site (including the Content) is protected by copyright, trademark, trade secret and other laws, and as between you and Company, Company owns and retains all rights in the Site and the Content. Company hereby grants to you a limited, revocable, non-sublicensable license, during the term of the Agreement, to access, display and use the Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Company in this Agreement or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content.

WARRANTY

As a condition of use of this Site, you warrant to Company that you will not use this Site for any purpose that is unlawful or prohibited by the Terms. You agree not to use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site. You agree not to obtain or attempt to obtain any materials or information not intentionally made available to you on this Site. You further agree not to distribute, share, modify, post, display or otherwise exploit the authorized password, unique URL or other authentication credentials provided to you for access to this Site to any third party or other users, and you will not use the authorized password, unique URL or other authentication credentials in any manner not consistent with these Terms of Use.

You represent and warrant that you are not a competitor of the Company and agree that you will not access or use the Site on behalf of a competitor or for any purpose of monitoring the availability, performance, or functionality of the Site, or for any other benchmarking or competitive purpose.

The Company reserves the right to monitor your use of the Site to ensure compliance with these Terms. The Company may investigate any suspected violation and take any action it deems appropriate, including terminating your access, reporting you to law enforcement authorities, or pursuing legal action. We may also audit your use of the Site to ensure compliance.

We reserve the right to deny or revoke access to any account if we reasonably believe it is being used by, or on behalf of, a competitor or potential competitor.

LIMITATIONS OF USE

You agree not to:

  • Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortious; defamatory; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory.
  • Violate the rights of others, including patents, trademarks, trade secrets, copyrights, privacy, publicity, contract or other proprietary rights.
  • Harass or harm another person.
  • Exploit or endanger a minor.
  • Impersonate any person or entity.
  • Introduce or engage in activity that involves the use of viruses, bots, worms, Trojan horses, Easter eggs, time bombs, spyware or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized access to or use of a computer or a computer network.
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Site or any account, or Company’s servers or networks.
  • Restrict or inhibit any other person from using the Site (including by hacking or defacing the Site). Cover, remove, disable, block or obscure the Site (including advertisements on the Site).
  • Use technology or any automated system, such as scripts or bots, to collect usernames, passwords, e-mail addresses or any other data from or through the Site, or to circumvent or modify any security technology or software that is part of the Site.
  • Send or cause to send (directly or indirectly) unsolicited messages or other unsolicited communications of any kind through the Site. If you do so, you acknowledge you will have caused substantial harm to Company, and that the amount of such harm would be extremely difficult to measure.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble the Site.
  • Use the Site to develop a competing product or service.
  • Share login credentials and/or permit any third party to access your account.
  • Share any insights, documentation, or materials related to your use of the Site with any third party, including current or prospective competitors.
  • Solicit, collect or request any information for commercial or unlawful purposes.
  • Post, upload or otherwise transmit an image or video of another person without that person’s consent.
  • Use the Site to advertise, promote or engage in any commercial activity.
  • Frame or mirror the Site without Company’s express prior written consent.
  • Use the Site in a manner inconsistent with any applicable law, rule or regulation.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather content of the Site or reproduce or circumvent the navigational structure or presentation of the Site without Company’s express prior written consent. Notwithstanding the foregoing, Company grants to the operators of public search engines the permission to use spiders to copy material from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of such material, but not caches or archives of such material. The Company reserves the right to revoke these exceptions either generally or in specific cases.
  • Attempt, facilitate or encourage others to do any of the foregoing.

Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s discretion, violates this Agreement or attempts to do so, including terminating or suspending a user’s account or access to or use of the Site, or reporting any user submitted content or conduct to law enforcement authorities.  You agree and acknowledge that any breach or threatened breach of these Terms by you would cause irreparable harm to the Company, and in addition to any other remedies at law or in equity that Company may have, Company is entitled to equitable relief, including injunctive relief and specific performance.

You (and not the Company) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Site, and for paying all charges related thereto.

SUSPENSION AND TERMINATION

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials and related materials obtained from Company and the Site and ceasing utilization of the Site, while fulfilling all obligations incurred by you prior to your termination of use of this Site. This Agreement will terminate immediately without notice from the Company or the Site, if in their sole discretion you fail to comply with any term or provision of the Terms, if you infringe on any third party's rights, or if you engage in conduct that is illegal, tortuous or that interferes with the technological operation of the Site.   The Company reserves the right, in its sole discretion, to suspend or terminate your account without notice, for any reason or no reason, including without limitation any conduct by you that the Company, in its sole and absolute discretion, determines to be inappropriate. You agree that the Company shall not be liable to you or any third party for any such suspension or termination. Upon termination, you must destroy all materials obtained from the Company or the Site and all copies thereof, whether made under the Terms or otherwise.

DISCLAIMERS

THE SITE IS MADE AVAILABLE “AS-IS” AND “AS AVAILABLE” AND ACTIVATE LEARNING DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, THE COMPANY MAKES NO WARRANTY THAT THE SITE OR USER CONTENT OR THIRD-PARTY SERVICES, OR YOUR ACCESS TO OR USE THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE AND/OR RELIABLE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENCES OF ANY UNAUTHORIZED USE OF THE SITE THAT VIOLATES ANY APPLICABLE LAW OR REGULATION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE PROVIDED TO OR OBTAINED FROM THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK; UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE,  PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE SITE, ATTENDANCE AT ANY COMPANY EVENT OR THE CONDUCT OF ANY SITE USERS, WHETHER ONLINE OR OFFLINE. YOUR USE OF THE SITE IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK. THE USER CONTENT AND THIRD-PARTY SERVICES DO NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF THE COMPANY OR ITS AFFILIATES.

LIMITATION ON LIABILITY

IN NO EVENT SHALL COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF THE SITE, EVEN IF COMPANY OR ONE OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL LIABILITY OF COMPANY AND ITS AFFILIATES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SITE .

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, SUBCONTRACTORS AND OTHER PARTNERS, AND EACH OF THEIR RESPECTIVE OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, FROM AND AGAINST ANY LOSSES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), LIABILITIES, CLAIMS OR DEMANDS, DUE TO, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, YOUR BREACH OR ALLEGED BREACH OF THIS AGREEMENT, YOUR VIOLATION OR ALLEGED VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, OR ANY USER CONTENT THAT YOU POST OR OTHERWISE SUBMIT ON, THROUGH OR IN CONNECTION WITH THE SITE.

RETURNS

  • You may return any unused merchandise, in fully saleable condition in its original packaging within 30 days of the receipt of your order for a full refund.
  • All returns require a written authorization from Activate Learning. All returns after 30 days will be subject to a restocking fee of 15-20%.

GENERAL

  • You may not assign this Agreement, in whole or in part, without the Company's prior written consent and any attempted assignment in violation of this provision shall be null and void. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. Our failure to insist on the strict enforcement of any provision of this Agreement shall not constitute a waiver of the provision and all terms and conditions shall remain in full force and effect. The terms of this Agreement shall be construed and enforced in accordance with the laws of the State of Connecticut, U.S.A, without regard to its conflicts of laws provisions and regardless of your location. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement is non-exclusive; nothing in this Agreement shall prevent the Company from entering into similar arrangements with, or otherwise providing service to, any other person or entity. The provisions of this Agreement which by their nature are intended to survive termination of this Agreement (including, but not limited to, representations, warranties, guarantees, indemnifications, remedies and/or forum selection) shall survive the termination of this Agreement. This Agreement represents the entire agreement between you and the Company and supersedes all other prior agreements between the parties.

Contact Us:

If you have questions about this Terms of Use, please contact us: info@activatelearning.com.

Activate Learning
44 Amogerone Crossway #7862, Greenwich, CT 06836